Implications of including education in the State List

Reference

In recent times, the education system has been surrounded by controversies due to irregularities in examinations and postponement of various examinations. To deal with such situations, various experts have expressed their opinion in favor of including education in the state list.

Historical Background

• The federal structure was first created under the Government of India Act, 1935 during British rule.
• Legislative subjects were distributed between the federal legislature (present Union) and the provinces (present States). Education was placed in the Provincial List. This continued even after independence and education became part of the 'State List' under the distribution of powers.

Inclusion of education in the concurrent list

• During the Emergency, the Congress Party constituted the Swaran Singh Committee to make recommendations for constitutional amendments. The recommendations of this committee included placing 'Education' in the Concurrent List so that all-India policies could be developed on this subject.
• Through the 42nd Constitutional Amendment (1976), ‘Education’ was moved from the State List to the Concurrent List. However, no detailed rationale was given for this change and the amendment was ratified by various states without adequate debate.

Education System at International level

• In the US, state and local governments set overall educational standards, mandate standardized testing, and monitor colleges and universities. The functions of the federal Department of Education mainly include formulating policies for financial aid, focusing on key educational issues, and ensuring equal access.
• In Canada education is managed entirely by the provinces. Germany's constitution places legislative powers for education with the Länders (equivalent to states).
• Education in South Africa is regulated by two national departments, school and higher education. The country's provinces have their own education departments to implement the policies of the national departments and deal with local issues.

Arguments in favour of inclusion in the State List

• Arguments in favour of 'education' in the Concurrent List include a uniform education policy, improvement in standards and synergy between the Centre and the states. However, given the vast diversity of the country, a 'one size fits all' approach is neither possible nor desirable. Hence, both aspects must be considered collectively.
• According to the 'Analysis of Budgetary Expenditure on Education' report prepared by the Ministry of Education in the year 2022, the total revenue expenditure by education departments in India is estimated to be ₹6.25 lakh crore (2020-21). Of this, 15% is spent by the Center while 85% is spent by the states.
• There is a need for a meaningful discussion towards re-introducing ‘Education’ in the State List, keeping in view the need for autonomy given the large share of expenditure being borne by the States.
• Central institutions like the National Medical Commission, University Grants Commission and All India Council for Technical Education could be continued as regulatory mechanisms for higher education.
  • These will be able to formulate policies for curriculum, testing and admissions for higher education, including professional courses such as medicine and engineering.